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is taking shape in richmond that may threaten the reputation of republican governor bob mcdonnell and one of the men who wants to take over that job. the embezzlement trial of the governor's former chef is scheduled to take place coming up in october, just three weeks before virginians elect a new governor. peggy fox was there. she has the story. >> reporter: todd, the tall one on the left has got to be the most famous governor's ex-chef. he's charged with four felony counts of taking food and supplies from the governor's kitchen. >> all i can say at this point is that the court heard our motion to dismiss the indictment today. she has taken the motion under advisement and is expected to rule by the end of the week. >> reporter: he argues mansion staff told him to take the food in lieu of payments. he said there were jobs that went way beyond the scope of his official duties. >> the job is behind feeding just the first family. it's, you know, providing meals for all events that are held at the mansion. >> reporter: in the motion to dismiss the case, his team argues that attorney attorney
, wusa9. >>> governor bob mcdonnell is not commenting the arrest of his 21-year-old son over the weekend. sean mcdonnell is charged with public intoxication and public swearing. he was picked up saturday morning in charlottesville. that's where he's a student at the university of virginia. spokesman did say it was a personal matter and being addressed by the family. >>> the ban on gay marriage in virginia could be challenged in court soon. the aclu in virginia is planning a federal lawsuit now. this comes after the u.s. supreme court struck down a key provision of the federal same- sex marriage ban. in 2006 virginia voters approved a constitutional amendment that prohibited same- sex unions and it would refuse to recognize marriages performed in other states. the aclu argues that that ban violates the constitutional guarantee of equal protection under the law. >>> could former first lady hillary clinton return to the white house as president? the super pack pushing her presidential bid is joining forces with the democratic firm whose leaders built president obama's widely successful gras
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